Anger is perhaps the most often expressed emotion by U.S. citizens, Congressmen, and media analysts when discussing the high salaries and severance (exit-pay) bonuses paid to Chief Executive Officers (CEOs or Presidents), especially for those companies that are losing money or are even going bankrupt.
In America, especially over the last several years, the discussion of the pros and cons of federal bailouts to save several of our large businesses (GM or our Financial Institutions, for example) has become logically intertwined with a concurrent discussion of Chief Executive Officer (CEO) compensation packages. Many are outraged, especially in light of the horrendous financial results and excessive risk taking of these failing or bailed-out firms, when finding out about the lucrative CEO compensation packages consisting of base pay, bonuses, stock options, and termination (severence) pay that these same bailed-out or failing companies' executives are receiving.
Let’s analyze & debate this topic by comparing the compensation packages of basketball superstar Kobe Bryant and former AIG CEO Martin Sullivan, fired in 2008. For some quick background, AIG is a global insurance company, headquartered in the U.S. that received billions of dollars of federal bailout monies as the U.S. government deemed AIG as “too big too fail” back in 2008.
In 2007, Kobe Bryant earned $20 million dollars playing basketball for the Los Angeles Lakers while Martin Sullivan earned $14 million dollars in 2007 running AIG, one of the largest insurance companies in the world. In 2006, Bryant also earned $20 million for the year, whereas Sullivan earned $27 million as AIG’s financial performance was much stronger in 2006 versus 2007, causing Sullivan’s 2006 incentive-based compensation to be higher than 2007. Now the big one: Sullivan’s 2008 termination or severence pay upon his firing as AIG CEO was $47 million dollars (two years pay)! Pretty nice “goodbye present” for Sullivan given the fact that AIG failed causing its owners (the stockholders) and potentially our country (taxpayers via bailout) to be crushed! Although Bryant has no termination or severence bonus built into his contract, his contract is guaranteed through 2011 which is somewhat similar to Sullivan’s “severence deal” in that Bryant is guaranteed payment should he be injured. Thus, both compensation packages (Bryant and Sullivan) are somewhat similar in dollar amount, but beg the question: Is anyone worth that much money?
So the primary question of this blog is to discuss whether private market compensation, should be somewhat controlled or limited by governmental law, and if so, how.
Let’s start with Kobe Bryant, NBA superstar:
If we passed a law taking the position that Bryant’s salary could not exceed $5 million per year, he would likely go play in Europe where European contracts are becoming more competitive and similar to U.S. contracts. Even if Bryant did stay with the Lakers, despite the new law, at $5 million per year, the $15 million savings(reduced salary) would go to the Lakers owner, Jerry Buss, so Buss would be making $15 million more at Bryant’s expense. In summary, we would have passed a compensation limiting law taking money from Bryant and giving it to the owner! Through the study of economics we ultimately understand that Bryant is, in essence, being paid by you and I whenever we see him at the arena (ticket prices) or watch him on TV (ad revenues). Ultimately, Bryant gets $20 million because we, not Buss, pay him $20 million! This is the private market at work, where voluntarily, owners (Buss) pay their employees (Bryant) what they believe they are worth. Said one last way, Buss pays Bryant $20 Million per year because Buss thinks he can make more profit than if he doesn’t and loses Bryant to another team.
Let’s now go to Martin Sullivan, fired ex-CEO of AIG:
If our government passed a law limiting CEO salaries to some arbitrary number, say $5 million per year, the same thing may happen that happened to Bryant. The Harvard & Yale MBAs may not pursue American companies, but may go to work at Canadian, European and Asian companies whose compensation may be more “free market” in nature if our executive compensation were controlled by some new governmental “pay czar”. The U.S. may lose some of its best talent and U.S. companies would become mediocre, fail at an increasing rate, and our standard of living would perhaps deteriorate as our leadership quality would deteriorate. It is the CEO that is at the helm of companies helping American businesses to produce an average 10.0% annual return for their owners (stockholders). However, and to be unbiased, the issue of whether CEO compensation should be controlled by the government becomes a little more difficult when we take into account that, on average, CEO pay is thought to be generally higher in the U.S. than in Europe for comparable CEO jobs. Many have argued that the government should control the upper limits of executive compensation and that the concern of CEO flight to other countries may be overblown due to other types of personal and psychic benefits received by living in the USA.
Now we get to the toughest question which is “should CEOs be paid a multi-million dollar severence payment after they have failed and been fired?” The obvious answer seems to be no! But sometimes, what appears to seem to be the obvious answer becomes less obvious in a free market. Any smart, Harvard or Yale MBA knows that they have a 50/50 chance of failing and being fired within their first 3 years as CEO. Statistics bear this out as CEOs are fired all the time as it is easier to fire the CEO than all of the employees. Large firms need the best talent and a talented CEO knows that sometimes their companies fail quickly often for reasons beyond their control no matter how talented they are. Thus, CEOs demand an “insurance payment” called severence pay to compensate them for their high risk and rate of failure. Once the CEO fails it becomes increasingly difficult to get that next CEO job as their reputation in the market place sours. Thus, a CEO looks at the entire compensation package (salary, incentives, and severence) when deciding where to work. If the risk is too high (dedicating their life to their business in lieu of their families) relative to the reward, they will take their talents elsewhere or to a new career.
What is my suggested government solution regarding trying to protect shareholders from excessive executive compensation? I suggest that our government only pass new laws to increase ”disclosure requirements” on executive compensation to provide a better ”check and balance” on the Board of Directors who set the pay and severence amounts for the CEOs. The Government (SEC) should not get involved, in my opinion, with compensation limits or restrictions on severence pay, but they should pass a new law to provide greater visibility for the owners (stockholders) on their CEO’s (and other key management) compensation. For example, even though today all executive compensation is publicly accessible by the owners by examining publicly filed documents, the Government could pass new legislation making it mandatory for companies to send an annual letter directly to its owners (stockholders)outlining their CEO’s and Board’s compensation and any annual changes thereto. But, please Government, be careful and don’t do anything stupid like setting maximums for CEO compensation!
Discussion Questions:
1.In your opinion, should the Government limit CEO salaries to some maximum? What about their severence payments, should they be limited? If so, how would you set the maximum amount?
2. What specific action should the Government take, if any, regarding executive compensation?




